MamP
(Querist) 25 March 2017
This query is : Resolved
Good Afternoon everybody, I want to understand the best solution to address the below issue: 1. I have received a private notice from Mr.X to be present in court within next 2 week. 2. I stay in North India and the court case is filed in a Tier-2 South Indian city. 3. This is related to an agreement with Mr.X where we was supposed to honour his responsibilities to close a land deal. 4. When our party realised he is not performing any of his duty, we tried to discuss to close it amicably as he is a very politically connected and influential businessman. 5. But he send us a private notice to be present in his city.
Questions 1. Due to my personal responsibilities, I have plans for the next 2 months. I want to understand if I have to be available on the same date as mentioned in the notice or if I can delay it to match my availability. 2. Also, since I am staying very far from the city where case is filed, what is the best approach? We don't know any lawyer there. And above all, Mr.X is a very politically influential person - is it possible he can influence any local lawyer? 3. If there is no agreement reached after the initial meeting (as what we expect) and a case is filed by us or the other party, do we need to be available in the court as I live very far in North India as it will impact my daily life?
kavksatyanarayana
(Expert) 25 March 2017
A reply may be given to the sender in an amicable way that you are not in a position to attend the date given by him and requesting for some time. if the problem is solved ok. otherwise if any party goes to court, then you can give power to anyone you believe and he can attend the court whenever necessary.
Guest
(Expert) 26 March 2017
1. Only court of law is competent to summon a person to attend it. 2. Engage a lawyer of repute or you can engage lawyer from your home place also but it will cost you more. 3. In civil suit personal presence is not necessary at every hearing except at the stage of own evidence.
Dr J C Vashista
(Expert) 26 March 2017
Submit your reply to the notice under registered acknowledgement due letter (for proof of service) and wait for next action initiated against you.
Rajendra K Goyal
(Expert) 26 March 2017
Agree with the expert Dr J C Vashista.
Dr J C Vashista
(Expert) 26 March 2017
Thank you Mr. Rajendra K Goyal for your concurrence to my opinion qua subject query.
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